§ Mr. McFallI beg to move amendment No. 6, in page 16, line 26, after 'he', insert 'and his legal representative'.
§ Madam SpeakerWith this, it will be convenient to consider amendment No. 7, in page 16, line 31, at end insert—
?(3A) Where the Secretary of State has made a reference to the Parole Board in terms of subsection (3) above he shall inform the person recalled under subsection (1)(a)(i) who makes representations under subsection (2) above or is recalled under subsection (1)(a)(ii) above of the reference to the Parole Board and that he and his legal representatives have the right to make representations to the Parole Board in respect of the recall.'.
§ Mr. McFallAmendments Nos. 6 and 7 would make two changes to clause 17. Amendment No. 6 would ensure that a recalled prisoner may make representations through his solicitor, and amendment No. 7 would ensure that the Secretary of State informs a recalled person about a reference to the parole board and about his or her right to make representations to the board.
Clause 17 establishes a regime for the revocation of a licence and recall to prison. Revocation and recall can take place in respect of long-term or life prisoners if the parole board has made such a recommendation or if the Secretary of State considers it necessary in the public interest. The prisoner has a right to make representations to the Secretary of State and our amendment provides that the representations may also be made by the recalled prisoner's solicitor. The Secretary of State is obliged to refer certain cases to the parole board under clause 17(3). It is possible that the prisoner will not be aware of such a reference. The amendment obliges the Secretary of State to inform the prisoner about the reference and to ensure that he knows that he can be represented at the board.
§ Lord James Douglas-HamiltonI was aware in Committee that I had not fully persuaded the hon. 482 Member for Dumbarton (Mr. McFall) that the amendments are unnecessary. I am happy to have this further opportunity to explain why I believe that to be so.
The amendments appear to reflect some misunderstanding of what happens when a prisoner who is released on licence is recalled to custody, especially as regards the purpose of referral to the parole board and the time scale involved. The purpose of referral is to give the board an opportunity to consider the circumstances that led to the recall and the question of re-release. The board may decide that the prisoner should not be re-released. Alternatively, it may decide that the prisoner should be released immediately. In the latter case, the Secretary of State has no option but to re-release. In the interests of the prisoner, referral to the board is effected as soon as possible. In practice, cases are usually referred to the board between two and four weeks after recall, depending on the date of the board's next meeting and the time that the prisoner requires to make representations.
The statutory requirements in clause 17(2) is that, on his return to prison, the prisoner be informed of the reasons for his recall and that he has the right to make written representations to the Secretary of State. I accept that some prisoners may need to have it explained to them that the right to make representations does not preclude them from making such representations to a third party such as a solicitor. I assure the House that a prisoner who is recalled will be fully informed of his rights and of the assistance that is available to him. Amendment No.6 is therefore unnecessary.
Representations made to the Secretary of State by the prisoner or by anyone else on the prisoner's behalf are automatically included in the dossier of papers referred to the board. There is therefore no need for separate representations to be made to the board, and any requirement for such separate representations would only delay the board's consideration of a case.
I hope that that explanation will persuade the hon. Member for Dumbarton that the intentions behind the amendments are founded on a misunderstanding of the recall procedure and that the rights of a recalled prisoner are adequately protected.
§ Mr. McFallIn the light of the Minister's assurances, I beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.